Borough of Canonsburg, PA
Washington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Canonsburg as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 85.
Littering — See Ch. 110.
Mobile home parks — See Ch. 118.
Property maintenance — See Ch. 131.
Sewers — See Ch. 139.
Vector control — See Ch. 159.
[Adopted 7-9-1990 by Ord. No. 1151 (Ch. 20, Part 1, of the 1988 Code)]
This article shall be known and referred to as the "Solid Waste Ordinance."
A. 
The following words and phrases, as used in this article, shall have the meaning ascribed herein, unless the context clearly indicates a different meaning:
ACT 97
The Pennsylvania Solid Waste Management Act of 1980 (P.L. 380, No. 97, July 7, 1980).[1]
ACT 101
The Pennsylvania Municipal Waste Planning, Recycling and Waste Reduction Act (P.L. 556, No. 101, July 28, 1988).[2]
BULKY WASTE
Large items of solid waste, including but not limited to appliances, furniture, large auto parts, trees, branches or stumps, which may require special handling due to their size, shape or weight.
COMMERCIAL ESTABLISHMENT
Any establishment engaged in nonmanufacturing or nonprocessing business, including but not limited to stores, markets, office buildings, restaurants, shopping centers and theaters.
CONSTRUCTION AND DEMOLITION WASTE
Solid waste resulting from the construction or demolition of buildings and other structures, including but not limited to wood, plaster, metals, asphaltic substances, bricks, block and unsegregated concrete. The term does not include the following if they are separate from other waste and are used as clean fill:
(1) 
Uncontaminated soil, rock, stone, gravel, unused brick and block and concrete.
(2) 
Waste from land clearing, grubbing and excavation, including trees, brush, stumps and vegetative material.
DISPOSAL
The deposition, injection, dumping, spilling, leaking or placing of solid waste into or on the land or water in a manner that the solid waste enters the environment, is emitted into the air or is discharged to the waters of the Commonwealth of Pennsylvania.
DOMESTIC WASTE or HOUSEHOLD WASTE
Solid waste comprised of garbage and rubbish, which normally originates in the residential private household or apartment house.
GARBAGE
Any solid waste derived from animal, grain, fruit or vegetable matter that is capable of being decomposed by microorganisms with sufficient rapidity to cause such nuisances as odors, gases or vectors.
HAULER or PRIVATE COLLECTOR
Any person, firm, corporation, association or corporation who has been licensed by the Borough or its designated representative to collect, transport and dispose of refuse for a fee as herein prescribed.
INDUSTRIAL ESTABLISHMENT
Any establishment engaged in manufacturing or processing, including but not limited to factories, foundries, mills, processing plants, refineries, mines and slaughterhouses.
INSTITUTIONAL ESTABLISHMENT
Any establishment engaged in service, including but not limited to hospitals, nursing homes, orphanages, schools and universities.
MUNICIPALITY
The Borough of Canonsburg, Washington County, Pennsylvania.
MUNICIPAL WASTE
Any garbage, refuse, industrial lunchroom or office waste and other material including solid, liquid, semisolid or contained gaseous material resulting from operation of residential, municipal, commercial or institutional establishments and from community activities, and any sludge not meeting the definition of residual or hazardous waste under Act 97 from a municipal, commercial or institutional water-supply treatment plant, wastewater treatment plant or air-pollution control facility. The term does not include source-separated recyclable materials.
OCCUPIED DWELLING
A permanent building or fixed mobile home that is currently being used on a regular or temporary basis for human habitation.
PERSON
Any individual, partnership, corporation, association, federal government or agency, state institution and agency or any other legal entity which is recognized by law as the subject of rights and duties. In any provisions of this article prescribing a fine, imprisonment or penalty or any combination of the foregoing, the term person shall include the officers and directors of any corporation or other legal entity having officers and directors.
PROCESSING
Any technology used for the purpose of reducing the volume or bulk of municipal or residual waste or any technology used to convert part or all of such waste materials for off-site reuse. Processing facilities include but are not limited to transfer facilities, composting facilities and resource recovery facilities.
RECYCLING
The collection, separation, recovery and sale or reuse of metals, glass, paper, leaf waste, plastics and other materials which would otherwise be disposed or processed as municipal waste, or the mechanical separation and treatment of municipal waste (other than through combustion) and creation and recovery of reusable materials other than a fuel for the operation of energy.
RECYCLING FACILITY
A facility employing a technology that is a process that separates or classifies municipal waste and creates or recovers reusable materials that can be sold to or reused by a manufacturer as a substitute for or a supplement to virgin raw materials. The term recycling facility shall not mean transfer stations or landfills for solid waste nor composting facilities or resource recovery facilities.
RESIDUAL WASTE
Any garbage, refuse, other discarded material or other waste including solid, liquid, semisolid or contained gaseous materials resulting from industrial, mining and agricultural operations and any sludge from an industrial, mining or agricultural water supply treatment facility, wastewater treatment facility or air-pollution control facility, provided that it is not hazardous. The term "residual waste" shall not include coal refuse as defined in the Coal Refuse Disposal Control Act.[3] Residual waste shall not include treatment sludges from coal mine drainage treatment plants, disposal of which is being carried on pursuant to and in compliance with a valid permit issued pursuant to the Act of June 22, 1937 (P.L. 1987, No. 394), known as the Clean Streams Law.[4]
RESOURCE RECOVERY FACILITY
A processing facility that provides for the extraction and utilization of materials or energy from municipal waste that is generated off-site, including but not limited to a facility that mechanically extracts materials from municipal waste, a combustion facility that converts the organic fraction of municipal waste to usable energy and any chemical and biological process that converts municipal waste into a fuel product.
RUBBISH
All nonputrescible municipal waste, except garbage and other decomposable matter. This category includes but is not limited to ashes, bedding, cardboard, cans, crockery, glass, paper, wood and yard cleanings.
SCAVENGING
The unauthorized and uncontrolled removal of material placed for collection or from a solid waste processing or disposal facility.
SEWAGE, TREATMENT RESIDUES
Any coarse screening, grit and dewatered or air-dried sludges from sewage treatment plants and pumpings from septic tanks or septage which are a municipal solid waste and require proper disposal under Act 97.
SOLID WASTE
Any waste including but not limited to municipal, residual or hazardous wastes, including solid, liquid, semisolid or contained gaseous material.
SOURCE SEPARATED RECYCLABLE MATERIALS
Materials that are separated from municipal waste at the point of origin for the purpose of recycling.
STORAGE
The containment of any waste on a temporary basis in such a manner as not to constitute disposal of such waste. It shall be presumed that the containment of any waste in excess of one year constitutes disposal. This presumption can be overcome by clear and convincing evidence to the contrary.
TRANSFER STATION
Any supplemental transportation facility used as an adjunct to solid waste route collection vehicles.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
[2]
Editor's Note: See 53 P.S. § 4000.101 et seq.
[3]
Editor's Note: See 52 P.S. § 30.51 et seq.
[4]
Editor's Note: See 35 P.S. § 691.1 et seq.
B. 
In this article, the singular shall include the plural and the masculine shall include the feminine and the neuter.
A. 
Contracts under this article shall, from time to time, be let to the lowest responsible bidder, after due advertisement, according to law, for such period as the Council may deem proper, which contract may contain, in addition to the requirements of this article, such other provisions not in conflict herewith as may be deemed advisable to incorporate therein.
B. 
Such contracts shall be executed by the President of Borough Council on behalf of the Borough and it shall be attested by the Borough Secretary, who shall affix the Borough seal thereto, and shall contain a provision requiring the successful contractor to give a performance bond in 50% of the amount of the contract with approved corporate surety.
A. 
It shall be unlawful for any person to accumulate or permit to accumulate upon any public or private property within the Borough limits any garbage, rubbish, bulky waste or any other residual solid waste except in accordance with the provisions of this article and any rules and regulations adopted pursuant to Act 97 and Act 101 by the Commonwealth of Pennsylvania. Such an act is hereby declared to be a nuisance, detrimental to the public health and safety and to the inhabitants of the Borough.
B. 
It shall be unlawful for any person to dispose of any solid waste in the Borough except in accordance with the provisions of this article and any rules and regulations adopted pursuant to Act 97 and Act 101 by the Commonwealth of Pennsylvania.
C. 
It shall be unlawful for any person to place or deposit any household waste container into any public waste receptacle in the Borough.
D. 
It shall be unlawful for any person who is a nonresident of the Borough of Canonsburg to bring, place or deposit any solid waste, garbage, household rubbish, ashes or bulk items upon property of any person occupying any dwelling unit or premises or a part thereof in the Borough of Canonsburg, as covered by this article, for the collection and disposal thereof under this article.
E. 
It shall be unlawful for any person occupying any dwelling unit or premises or part thereof in the Borough of Canonsburg, as covered by this article, to authorize, encourage or permit any person who is not a resident of the Borough of Canonsburg to bring, place or deposit any solid waste, garbage, household rubbish, ashes or bulk items upon property of any person occupying any dwelling unit or premises or part thereof in the Borough of Canonsburg, as covered by this article, for the collection disposal thereof under the within this article.
F. 
It shall be unlawful for any agent, servant, employee or any other person whatsoever of any commercial and industrial establishment, whether situated in the Borough of Canonsburg or outside of the limits of the Borough of Canonsburg, to bring, place or deposit any solid waste, garbage, household rubbish, ashes or bulk items upon property of any person occupying any dwelling unit or premises or part thereof in the Borough of Canonsburg, as covered by this article, for the collection and disposal thereof under this article.
G. 
It shall be unlawful for any person occupying any dwelling unit or premises or part thereof in the Borough of Canonsburg, as covered by this article, to authorize or permit any agent, servant, employee or any other person whatsoever of any commercial and industrial establishment, whether situated in the Borough of Canonsburg or outside of the limits of the Borough of Canonsburg, to bring, place or deposit any solid waste, garbage, household rubbish, ashes or bulk items upon property of any person occupying any dwelling unit or premises or part thereof in the Borough of Canonsburg, as covered by this article, for the collection and disposal thereof under this article.
H. 
It shall be unlawful for any person to haul, transport, collect or remove any solid waste from public or private property within the Borough without first securing a license to do so in accordance with the provisions of this article.
I. 
It shall be unlawful for any person to scavenge any materials from any solid waste that is stored or deposited for collection within the Borough.
J. 
It shall be unlawful for any person to salvage or reclaim any solid wastes within the Borough except at an approved and permitted resource recovery facility under any rules and regulations adopted pursuant to Act 97 and Act 101 by the Commonwealth of Pennsylvania.
K. 
It shall be unlawful for any person to throw, place or deposit or cause or permit to be thrown, placed or deposited any solid waste in or upon any street, alley, sidewalk, body of water, public or private property within the Borough, except as provided in this article.
A. 
The storage of all solid waste shall be practiced so as to prevent the attraction, harborage or breeding of insects or rodents and to eliminate conditions harmful to public health or which create safety hazards, odors, unsightliness or public nuisances.
B. 
Any person producing municipal waste shall provide a sufficient number of approved containers to store all waste materials generated during periods between regularly scheduled collections. All waste materials shall be placed and stored in approved containers.
C. 
Any person storing municipal waste for collection shall comply with the following preparation standards:
(1) 
All municipal waste shall be drained of free liquids before being placed in storage containers.
(2) 
All garbage shall be securely wrapped in paper, plastic or similar material or placed in properly tied plastic bags.
(3) 
Garden clippings and tree trimmings shall be placed in approved containers or shall be cut and tied securely into bundles. Bundles shall be not more than four feet in length, not more than two feet in diameter and not more than 40 pounds in weight.
(4) 
Newspapers and magazines shall be placed in approved containers or shall be secured into bundles of not more than 40 pounds in weight.
(5) 
When specified by the Borough or its designated representative, special preparation and storage procedures may be required to facilitate the collection and recycling of certain recyclable materials.
D. 
Individual containers and bulk containers utilized for storage of municipal waste shall comply with the following standards:
(1) 
Reusable containers shall be constructed of durable, watertight, rust and corrosion resistant material, such as plastic, metal or fiberglass, in such a manner as to be leakproof, weatherproof, insectproof and rodentproof.
(2) 
Reusable containers for individual residences shall have a tight-fitting cover and suitable lifting handles to facilitate collection.
(3) 
Reusable containers for individual residences shall have a capacity of not less than seven gallons nor more than 30 gallons. All reusable containers purchased prior to July 1, 1990, up to 90 gallons, will continue to be acceptable.
(4) 
Disposable plastic bags are acceptable containers, provided that the bags are designated for waste disposal. Plastic bags shall have sufficient wall strength to maintain physical integrity when lifted by the top, shall be securely tied at the top for collection and shall have a capacity of not more than 40 gallons and a loaded weight of not more than 40 pounds.
E. 
Any person storing municipal waste for collection shall comply with the following storage standards:
(1) 
Containers shall be kept tightly sealed or covered at all times. Solid waste shall not protrude or extend above the top of the container.
(2) 
Reusable containers shall be kept in a sanitary condition at all times. The interior of the containers shall be thoroughly cleaned, rinsed, drained and disinfected, as often as necessary, to prevent the accumulation of liquid residues or solids on the bottom or sides of the containers.
(3) 
Containers shall be used and maintained so as to prevent public nuisances.
(4) 
Containers that do not conform to the standards of this article or which have sharp edges, ragged edges or any other defect that my hamper or injure collection personnel shall be promptly replaced by the owner upon notice from the Borough or its designated representative.
(5) 
Containers shall be placed by the owner or customer at a collection point specified by the Borough or its designed representative.
(6) 
With the exception of pickup days when containers are placed out for collection, the containers shall be properly stored on the owner or customer premises at all times.
(7) 
Bulk waste items, such as furniture, automobile parts, machinery, appliances and tires, shall be stored in a manner that will prevent the accumulation or collection of water, the harborage of rodents, safety hazards and fire hazards.
F. 
The storage of all municipal waste from multifamily residential units, commercial establishments, institutions and industrial lunchroom or office waste sources is subject to the regulations and standards set forth in this article. The type, size and placement requirements for bulk containers shall be determined by the waste generator and the waste hauler and are subject to approval by the Borough.
G. 
The contractor for the collection and disposal of any material mentioned and the specifications becomes the owner of such material from the time of its collection.
H. 
It will be the duty of the Borough Manager or other designated agents to investigate all complaints made for failure by residents of the Borough of Canonsburg to comply with the provisions requiring the use of regulation containers or receptacles for emptying by the contractor, etc., and to prosecute all offenders under such provisions.
A. 
The Borough shall provide for the collection of all garbage, rubbish and bulky wastes from individual owner occupied residences or condominium units and rental multifamily residential sources with six or fewer units or it may contract with a private collector or collectors to provide residential solid waste collection service. Collection shall not be provided for construction and demolition waste.
B. 
All households shall utilize the residential collection service provided by the Borough.
C. 
All multifamily residential sources with more than six rental units and commercial, institutional and industrial establishments shall negotiate and individually contract collection service with the Borough's collector or any other properly licensed waste hauler of their choice.
D. 
All commercial, institutional, public and industrial lunchroom and office waste containing garbage shall be collected at least once a week during the months of January, February, March, April, May, June, July, August, September, October, November and December, inclusive. The motor truck shall be operated and the loading done in a quiet and orderly manner so as to cause the least possible annoyance to the residents of the Borough. Rubbish collection from these sources shall be made as often as necessary to control health hazards, odors, flies and unsightly conditions. The Borough reserves the right to require more frequent collection when deemed necessary.
E. 
Residential collection schedules shall be published regularly by the Borough or its contracted hauler.
F. 
All solid waste collection activities shall be conducted from Monday through Saturday between the hours of 6:00 a.m. and 3:00 p.m., unless prior approval of any exception has been granted by the Borough. No collection, hauling or transporting of solid waste shall be permitted on a Sunday.
G. 
All licensed haulers and haulers under contract with the Borough shall comply with the following standards and regulations:
(1) 
All municipal waste collected within the Borough shall be conveyed by the hauler to a transfer station, processing facility or disposal site approved by the Commonwealth of Pennsylvania.
(2) 
Any trucks or other vehicles used for the collection and transportation of municipal waste must comply with the requirements of Act 97 and Act 101 and any regulations adopted pursuant to Act 97 and Act 101, including the Title 25, Chapter 285, Subchapter B, Regulations for the Collection and Transportation of Municipal Waste.
(3) 
All collection vehicles conveying domestic waste and garbage shall be watertight and suitably enclosed to prevent leakage, roadside littering, attraction of vectors, the creation of odors and other nuisances.
(4) 
All collection vehicles must be duly licensed and maintained.
(5) 
All collection vehicles shall be metal-covered, strongly built, thoroughly cleaned, well painted and must have the name of the contractor painted on each side of the same, in letters of a size to be read and always legible.
(6) 
The contractor shall provide reserve equipment to guarantee scheduled services.
(7) 
Collection vehicles for removal and collection of solid waste, garbage, household rubbish and ashes are not to exceed 20 cubic yards tandem axle, and, further, trucks used for the removal and collection of solid wastes on streets or avenues in the Borough less than 12 feet wide must not exceed 15 cubic yards in size.
(8) 
Collection vehicles for rubbish shall be capable of being enclosed or covered to prevent roadside litter and other nuisances.
(9) 
All solid waste shall be collected and transported so as to prevent public health hazards, safety hazards and nuisances.
A. 
A fee and charge assessment is hereby made and imposed upon dwelling units in an amount as set forth from time to time by resolution of the Borough Council, payable quarterly in advance of the collection and disposition of solid waste, garbage, household rubbish and ashes, whether or not said services of the Borough be used to the extent herein provided. The responsibility for the payment of the yearly assessment shall be that of the individual, individuals, firm or corporation who are the record owners of the real estate upon which said dwelling unit or units are located at the time the fee and charge assessment is made.
[Amended 12-16-1997 by Ord. No. 1216]
B. 
The Borough Manager shall mail or cause to be mailed quarterly billings for said fee and charge assessment to the occupant or occupants or owner or owners of the dwelling unit or units for payment thereof. Said fee and charge assessment shall be paid at the Borough Manager's Office during the normal daily working hours that said office is open.
C. 
If the aforesaid fee and charge assessment remains unpaid for a period of 30 days, interest at the rate of 1 1/2% per month will be added thereto until paid. If the aforesaid fee and charge assessment remains unpaid for a period beyond 30 days up to 60 days, interest at the rate of 5% per month will be added thereto until paid. If the aforesaid fee and charge assessment remains unpaid for a period beyond 60 days, interest at the rate of 10% per month will be added thereto until paid.
[Amended 10-12-1992 by Ord. No. 1176]
D. 
If the aforesaid fee and charge assessment remains unpaid for a period of one year, a 5% penalty will be added thereto in addition to the interest aforesaid.
E. 
In the event that the aforesaid fee and charge assessment remains unpaid for a period of 45 days, the Council is authorized through its proper officer or officers or agent or agents to notify the owner or owners of the real estate upon which the dwelling unit or units are located at the time the fee and charge assessment is made of the delinquency. In the event that the aforesaid fee and charge assessment remains unpaid for a period of 60 days, the Council is authorized through its proper officer or officers or agent or agents to file a lien in the Prothonotary's Office of Washington County, Pennsylvania, against the owner or owners of the real estate upon which said dwelling unit or units are located at the time the fee and charge assessment is made.
[Amended 10-12-1992 by Ord. No. 1176]
F. 
The Borough's contracted hauler and other licensed haulers shall be responsible for the collection of any fees for solid waste collection disposal services provided to commercial, institutional or industrial sources within the Borough.
A. 
No person shall collect, remove, haul or transport any solid waste upon or through any streets or alley of the Borough without first obtaining a license from the Borough or its designated representative.
B. 
Any person who desires to collect, haul, transport or dispose of any solid waste within the Borough shall submit a license application and an application fee, as set from time to time by resolution of the Borough Council, to the Borough. A minimum period of 30 days shall be allowed for the Borough to review the application and take approval or denial action. The Borough shall waive the application for the hauler under contract to the Borough to collect residential waste. This exemption applies only to the residential service provided for under the contract with the Borough.
[Amended 12-16-1997 by Ord. No. 1216]
C. 
The license application shall set forth the applicant's qualifications and include the following information at a minimum:
(1) 
The name and mailing address.
(2) 
A contact person and telephone number.
(3) 
A list of available equipment and manpower.
(4) 
The type of wastes to be collected.
(5) 
The manner or method of collection.
(6) 
The frequency of collection.
(7) 
The point of collection.
(8) 
The proposed place and method for each type of waste.
(9) 
A certificate of insurance identifying the type and amounts of coverage carried by the applicant.
D. 
Prior to issuing a license, the Borough may require an applicant to submit a certificate of insurance as evidence of insurance coverage for the minimum amounts specified by the Borough.
E. 
All licenses shall be issued for a period of one calendar year and shall be nontransferable.
F. 
An existing licensee shall submit a new license application and license fee to the Borough at least 30 days prior to the expiration of the license if license renewal is desired. If the licensee continues to satisfy the requirements for a license, the license shall be renewed. The Borough reserves the right to deny a license renewal if the licensee is in violation of the provisions of this article.
G. 
Any misrepresentation or falsification on a license application may be grounds for rejection of an application or immediate revocation of a license which has already been issued.
H. 
Licensed haulers shall be responsible for maintaining current lists of customers serviced and records of the amounts and types of waste collected within the Borough. Such records and customer lists shall be available for inspection and be provided to the Borough or its designated representative upon request.
A. 
In the event that a licensed hauler is found to be in violation of this article, the Borough may take the following actions at its discretion depending on the nature of the violation:
(1) 
The Borough may issue a notice of violation to the licensee. This notice shall be in writing and sent by certified mail with return receipt requested to the address the licensee gave in the license application. The notice shall state the nature of the alleged violation(s) and the necessary corrective action required. The licensee shall be provided a reasonable time period to either correct the violation(s) or appeal. If the violation is not corrected or appealed within the specified period, the license shall automatically be revoked with no right to administrative appeal, and the licensee may be prosecuted under the penalty provisions of this article; or
(2) 
The Borough may immediately revoke the hauler's license by issuing a written notice of license revocation to the licensee by certified mail with return receipt requested. The notice of revocation shall state the reasons for the Borough's actions and inform the licensee that the decision may be appealed within 10 days after receipt of the notice. Any appeal must be filed in writing and show cause why the Borough should not carry out the license revocation.
B. 
In the event that any person other than a licensed hauler is found to be in violation of this article, the Borough may issue a written notice of violation to the alleged violator. This notice shall be in writing and sent by certified mail with return receipt requested. The notice shall state the nature of the violations and the necessary corrective actions required, in detail. The person notified shall be provided a reasonable time period (stated in notice) to either correct the violation(s) or appeal.
A. 
All appeals shall be made, in writing, to the Borough.
B. 
Pending a reversal or modification, all decisions of the Borough shall remain effective and enforceable.
C. 
Appeals may be made by the following persons:
(1) 
Any person who is aggrieved by the granting or refusal to grant a license by the Borough may appeal within 10 days after the Borough announces the denial.
(2) 
Licensees whose licenses have been revoked may appeal within 10 days after receiving the Borough's notice of license revocation.
(3) 
Licensees and nonlicensees who have received notices of violation may appeal within the time limit stated in their notice of violation.
D. 
The notice of appeal shall be served in writing and sent by certified mail with return receipt requested. Within 20 days after receipt of the notice of appeal, the Borough shall hold a public hearing. Notice of the hearing shall be sent to both parties in time to adequately prepare for the hearing. Notice shall be sent to the parties by certified mail with return receipt requested at the last known address in addition to publication in the local newspaper.
The Borough may petition the Washington County Court of Common Pleas for an injunction, either mandatory or prohibitive, to enforce any of the provisions of this article.
Any person who violates any provision of this article shall, upon conviction, be guilty of a misdemeanor, which is punishable by a fine of not less than $100 nor more than $1,000 or, in default of payment of such fine, then by imprisonment for a period not more than 30 days, or both. Each day of violation shall be considered a separate and distinct offense.
[Adopted 7-9-1990 by Ord. No. 1150 (Ch. 20, Part 2, of the 1988 Code)]
The short title of this article shall be the "Borough of Canonsburg Recycling Ordinance," and the same shall be cited in that manner.
The following words and phrases used throughout this article shall have the following meanings:
ACT 101
The Municipal Waste Planning, Recycling and Waste Reduction Act of 1988.[1]
ALUMINUM
All empty aluminum beverage cans.
BIMETAL CONTAINERS
Empty beverage containers consisting of steel and aluminum.
COLLECTOR
The entity or entities authorized by the Borough of Canonsburg to collect recyclable materials from residences or authorized by commercial, municipal and institutional establishments that do not receive collection services from the Borough to collect recyclable materials from those properties.
COMMERCIAL ESTABLISHMENTS
Those properties used primarily for commercial or industrial purposes, and those multiple dwelling residential buildings containing more than six rental dwelling units.
COMMUNITY ACTIVITIES
Events that are sponsored by public or private agencies or individuals that include but are not limited to fairs, bazaars, socials, picnics and organized sporting events attended by 200 or more individuals per day.
CORRUGATED PAPER
Structural paper materials with an inner core shaped in rigid parallel furrows and ridges.
FERROUS CONTAINERS
Empty steel or tin-coated food or beverage containers.
GLASS CONTAINERS
Bottles or jars made of clear, green or brown glass. Expressly excluded are noncontainer glass, plate glass, automotive glass, light bulbs, blue glass and porcelain and ceramic products.
GOVERNMENTAL ESTABLISHMENT
Public facilities operated by the Borough and other governmental and quasi-governmental authorities.
INSTITUTIONAL ESTABLISHMENTS
Those facilities that house or serve groups of people, including but not limited to hospitals, nursing homes, day-care centers and schools.
LEAD-ACID BATTERIES
Includes but is not limited to automotive, truck and industrial batteries that contain lead.
LEAF WASTE
Leaves from trees, bushes and other plants, garden residues, chipped shrubbery and tree trimmings, but not including grass clippings.
MAGAZINES AND PERIODICALS
Printed matter containing miscellaneous written pieces published at fixed or varying intervals. Expressly excluded are all other paper products of any nature whatsoever.
MULTIFAMILY HOUSING PROPERTIES
Any properties having more than six rental dwelling units per structure.
MUNICIPALITY
The Borough of Canonsburg.
MUNICIPAL WASTE
Any garbage, refuse, industrial lunchroom or other materials including solid, liquid, semisolid or contained gaseous material resulting from operation of residential, municipal, commercial or institutional establishments and from community activities, and any sludge not meeting the definition of residual or hazardous waste in the Solid Waste Management Act[2] from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant or air-pollution control facility. The term does not include source-separated recyclable materials.
NEWSPAPERS
Paper of the type commonly referred to as "newsprint" and distributed at fixed intervals, having printed thereon news and opinions and containing advertisements and other matters of public interest. Expressly excluded are newspapers which have been soiled, color comics, glossy advertising inserts and advertising inserts printed in color other than black and white often included with newspapers.
PERSON(S)
Owners, lessees and occupants of residences and commercial, municipal and institutional establishments.
PLASTIC CONTAINERS
Empty plastic food and beverage containers. Due to the wide variety of types of plastics, the Borough may stipulate specific types of plastic which may be recycled.
RECYCLABLE MATERIALS
Materials generated by residences and commercial, municipal and institutional establishments which are specified by the Borough and can be separated from municipal waste and returned to commerce to be reused as a resource in development of useful products. Recyclable materials may include but are not necessarily limited to clear glass, colored glass, aluminum, steel and bimetallic cans, high-grade office paper, newsprint, corrugated paper, leaf waste, plastics and any other item selected by the Borough or specified in future revisions to Act 101. The recyclable materials selected by the Borough may be revised from time to time as deemed necessary by the Borough.
RECYCLING
The collection, separation, recovery and sale or reuse of metals, glass, paper, leaf waste, plastics and other materials which would otherwise be disposed or processed as municipal waste or the mechanized separation and treatment of municipal waste (other than through combustion) and creation and recovery of reusable materials.
RESIDENCES
Any owner-occupied single or multifamily dwellings and rental multifamily dwelling having up to six dwellings per unit structure, for which the Borough provides municipal waste collection service.
SOURCE-SEPARATED RECYCLABLE MATERIALS
Those materials separated from solid waste at the point of collection for the purpose of being recycled.
WASTE
A material whose original purpose has been completed and which is directed to a disposal or processing facility or is otherwise disposed. The term does not include source-separated recyclable materials or material approved by the Pennsylvania Department of Environmental Protection for beneficial use.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
[2]
Editor's Note: See 35 P.S. 6018.101 et seq.
The Borough hereby establishes a recycling program for the mandatory separation and collection of recyclable materials and the separation, collection and composting of leaf waste from all residences and all commercial, municipal and institutional establishments located in the Borough for which waste collection is provided by the Borough or any other collector. Collection of the recyclable materials shall be made at least once per month by the Borough, its designated agent or any other solid waste collectors operating in the Borough and authorized to collect recyclable materials from residences or from commercial, municipal and institutional establishments. The recycling program shall also contain a sustained public information and education program.
Disposal by persons of lead-acid batteries with other municipal wastes is prohibited and shall be a violation of this article.
A. 
All persons who are residents of the Borough shall separate all of those recyclable materials designated by the Borough from all other municipal waste produced at their homes, apartments and other residential establishments, store such materials for collection and place the same for collection in accordance with the guidelines established hereunder.
(1) 
Persons in residences must separate recyclable materials from other refuse. Recyclable materials shall be placed at the curbside in containers approved by the Borough for collection. Any containers provided by the Borough to residences for collection of recyclable materials shall be the property of the Borough and shall be used only for the collection of recyclable materials. Any resident who moves within or from the Borough shall be responsible for returning the allocated containers to the Borough or shall pay the replacement cost of said containers. Use of recycling containers for any purpose other than the designed recycling program or use of the recycling containers by any person other than the person allocated such containers shall be a violation of this chapter.
(2) 
An owner, landlord or agent or an owner or landlord of a multifamily rental housing property with more than six units may comply with its recycling responsibilities by establishing a collection system at each property. The collection system must include suitable containers for collecting and storing the recyclable materials, easily accessible locations for the containers and written instructions to the occupants concerning the use and availability of the collection system. Owners, landlords and agents of owners or landlords who comply with this article shall not be liable for noncompliance of occupants of their buildings.
(3) 
If recyclable materials are collected by a collector other than the Borough or its authorized agent, owners, landlords and agents of owners or landlords shall submit an annual report to the Borough reporting the tonnage of materials recycled during the previous year.
B. 
All persons must separate leaf waste from other municipal waste generated at their houses, apartments and other residential establishments for collection, unless those persons have otherwise provided for the disposal of leaf waste.
C. 
Persons must separate high-grade office paper, aluminum, corrugated paper, leaf waste and such other materials as may be designated by the Borough generated at commercial, government and institutional establishments and from community activities and must store the recyclable materials until collection. Recyclable materials will be collected by a collector other than the Borough or its authorized agent. Occupants of said establishments shall submit an annual report to the Borough reporting the tonnage of materials recycled during the previous year.
A. 
A fee and charge assessment is hereby made and imposed upon dwelling units in an amount as set forth from time to time by resolution of the Borough Council, payable quarterly in advance of the collection and disposition of all recyclable materials, whether or not said services of the Borough be used to the extent herein provided. The responsibility for the payment of the yearly assessment shall be that of the individual, individuals, firm or corporation who are the record owners of the real estate upon which said dwelling unit or units were located at the time the fee and charge assessment is made.
[Amended 12-16-1997 by Ord. No. 1216]
B. 
The Borough Manager shall mail or cause to be mailed quarterly billings for set fee and charge assessment to the occupant or occupants or owner or owners of the dwelling unit or units for payment thereof. Said fee and charge assessment shall be paid at the Borough Manager's Office during the normal daily working hours said office is open.
C. 
If the aforesaid fee and charge assessment remains unpaid for a period of 30 days, interest at the rate of 1% per month will be added thereto until paid.
D. 
If the aforesaid fee and charge assessment remains unpaid for a period of one year, a 5% penalty will be added thereto in addition to the interest aforesaid.
E. 
In the event that the aforesaid fee and charge assessment remains unpaid for a period of one year, the Council is authorized through its proper officer or officers or agent or agents to file a lien in the Prothonotary's Office of Washington County, Pennsylvania, against the owner or owners of the real estate upon which said dwelling unit or units are located at the time the fee and charge assessment is made.
F. 
The Borough's contracted hauler or other licensed haulers shall be responsible for the collection of any fees for recyclable materials collection disposal services provided to commercial, institutional or industrial sources within the Borough.
All recyclable materials placed by persons for collection by the Borough or authorized collector pursuant to this article shall, from time of placement at the curb, become the property of the Borough or the authorized collector, except as otherwise provided by § 144-21 of this article. Nothing in this article shall be deemed to impair the ownership of separated recyclable materials by the generator unless and until such materials are placed at the curbside for collection.
It shall be a violation of this article for any person, firm or corporation, other than the Borough or one authorized by the Borough of Canonsburg, to collect recyclable materials placed by residences or commercial, municipal and institutional establishments for collection by the Borough or an authorized collector. In violation hereof, unauthorized collection from one or more residences or commercial, municipal and institutional establishments on one calendar day shall constitute a separate and distinct offense, punishable as hereinafter provided.
Any residence or commercial, municipal or institutional establishment may donate or sell recyclable materials to any person, firm or corporation, whether operating for profit or not, provided that the receiving person, firm or corporation shall not collect such donated recyclable materials from the collection point of a residence or commercial, municipal or institutional establishment without prior written permission from the Borough of Canonsburg or other entity responsible for authorizing collection of recyclable materials to make such a collection.
Disposal by persons of recyclable materials with wastes is prohibited and shall be a violation of this article. The collected recyclable materials shall be taken to a recycling facility. Disposal by collectors or operators of recycling facilities or source-separated recyclable materials in landfills or to be burned in incinerators is prohibited, unless markets do not exist and collectors or operators have permission of the Borough of Canonsburg.
A. 
The Borough Manager is hereby authorized and directed to make reasonable rules and regulations for the operation and enforcement of this article as deemed necessary, including but not limited to:
(1) 
Establishing recyclable materials to be separated for collection and recycling by residences and additional recyclable materials to be separated by commercial, municipal and institutional establishments.
(2) 
Establishing collection procedures for recyclable materials.
(3) 
Establishing reporting procedures from amounts of materials recycled.
(4) 
Establishing procedures for the distribution, monitoring and collection of recyclable containers.
(5) 
Establishing procedures and rules for the collection of leaf waste.
B. 
Except as hereinafter provided, any person, firm or corporation who shall violate any of the provisions of this article shall, upon conviction, be sentenced to pay a fine of not less than $100 nor more than $1,000, and costs of prosecution for each and every offense.
C. 
The Borough reserves the right not to collect municipal waste containing recyclable materials in combination with nonrecyclable materials.
The Borough may enter into (an) agreement(s) with public or private agencies or firms to authorize them to collect all or part of the recyclable materials from curbside.